Medical Expenses in a Personal Injury Lawsuit

by | May 21, 2024 | Blog

It’s not a good place to be in when you have experienced a major personal injury and you also have some huge medical bills. Dealing with these bills when you are in pain shouldn’t be your responsibility. It should be on the shoulders of the person or persons responsible for your injuries. When you file a personal injury lawsuit, you need to know what kind of compensation you are entitled to for medical expenses.

Hospital Bills

If you had to go to a hospital for emergency treatment because the accident was that severe, you probably have an ambulance bill, emergency room treatment bills, surgical bills, hospital stays, etc. All of these would not have happened had you not been injured. Hence, all of these expenses can be included in the lawsuit.

Post-Accident Treatments

If you need medical equipment, follow-up visits, additional surgeries, more emergency medical care as the result of something missed in initial treatment, medications, and any supplies for care at home, you can sue for this as well. Anything that cost you money out of pocket or you were billed for as a result of the accident is part of the total compensation you can expect. 

Additionally, if you need physical therapy and/or other forms of therapy, save your bills. These can be included with the other types of medical expenses.

Unusual Medical Transports

Ambulances are common when accidents occur. Most rides in ambulances to an emergency room cost somewhere between a few hundred dollars to several thousand dollars depending on the distance traveled, the ambulance company, and the care you received while in the ambulance. Most medical insurance providers do not cover ambulance transportation under the assumption that someone else could get you to the hospital. 

Other, more unusual forms of medical transportation include helicopters for transport to regional trauma centers, planes when a hospital or medical center is several hundred miles away, or boat when the injuries may have occurred out at sea (e.g., an oil rig explosion accident). Regardless of the mode of transportation, you needed it to get to a hospital fast and the expenses are valid under a lawsuit.

Mental, Emotional, and Psychological Treatment

Any accident so severe as to cause incredible physical trauma also causes mental, emotional, and/or psychological trauma. A lot of people become severely depressed about the way their lives have changed after an accident. The limited mobility, the loss of skills or talents they had before, etc., are all things that can lead to the invisible forms of trauma. If you need to seek out professional help for mental, emotional, and psychological issues as a result of the accident and your injuries, the cost for these sessions and related medications can be included in the lawsuit.

Pain and Suffering

Pain and suffering is a generalized legal phrase that sometimes is loosely thrown around. In a case where you and your loved ones have ongoing physical pain, mental anguish, psychological trauma, and/or emotional issues that negatively impact two or more areas of your life, you may be able to claim pain and suffering. Your lawyer will have to prove how this accident has caused and continues to cause ongoing pain and suffering for all those involved. If the case can be made, it is worth including in your personal injury lawsuit. 

Future Medical Care

Some injuries leave a lasting effect on those in an accident. If your attorney recognizes that your injuries may last your entire life and that you will need ongoing medical care, the projected expenses for that care can be included in the lawsuit. The calculations are difficult to make, and sometimes it’s the judge that makes them. However, when this is applicable to you, you should ask your lawyer for this additional compensation.

Suing on Behalf of Someone Who Cannot Sue Themselves

If you are a family member of someone who survived a horrific accident, and the family member is no longer competent or capable of pursuing a lawsuit him/herself, you can sue. You would be filing a lawsuit on behalf of the injured party. Lawyers are able to make these cases when spouses of the surviving family members are the ones filing the lawsuits. When this applies to you and someone you love, consult a personal injury lawyer to discuss your loved one’s case. 

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